检察机关诉讼职权与监督职权的优化路径

检察机关诉讼职权和监督职权的科学配置关系到检察机关诉讼权与法律监督的有效行使,是司法改革的重点。诉讼职权和监督职权具有各自的内涵;我国现行检察权配置还存在一定的问题,需要通过完善立法、梳理检察部门、健全监督机制、深化诉讼监督改革等措施来优化诉讼职权和监督职权。     

论制裁在法律概念中的地位演变

我国现行制裁理念重强制，忽视认同，容易引起社会对立，也不利于法律的执行。奥斯丁和凯尔森主张法律的强制性，哈特却主张把制裁排除在法律概念之外，否定法律的强制性，强调法律的认同性。法律制裁则经历了作为法律概念重要组成部分到被排除法律概念之外的演变过程，这个演变过程体现了人们对制裁在法律概念中地位的深化认识。文章认为强制与认同都是法律概念的两个基本要素，吸纳认同性将促进我国法律制裁理念的更新。     

Welfare enhancing regulation exemptions

Sanctions for regulation violations are used to deter conduct which could potentially result in great social harms. This practice over-deters low-risk entities and under-deters high-risk entities, which leads to social losses. This paper analyzes whether and how such social losses can be mitigated. I show that this can be achieved by allowing regulatees to purchase passes exempting them from regulations at appropriate prices, although they remain liable for any harm they cause.     

法国对逃税的刑事制裁及其对我国相关立法的启示

法国与中国的税收制度和法律体系大相径庭。法国《税务总法》中不仅规定了逃税犯罪及其刑事制裁,还规定了税收违法行为及其行政制裁。法国实体法中规定的逃税罪的犯罪构成、概念界定、刑法制裁等方面都有我国逃税罪立法值得借鉴的地方。法国税收制度在立法与司法中遇到的问题也值得我国反思。     

Exercising Options: An Assessment of the Use of Alternative Sanctions for Drug Offenders

In this paper, we explore a relatively unexamined area of sentencing—the use of alternative sanctions. While researchers have discussed the potential uses and misuses of alternative sanctions, few have focused on who receives them and why. We argue that, while alternative sanctions have the potential to be useful tools, they also open “windows of discretion” that may disadvantage certain groups. We use quantitative and qualitative data from Washington State to explore how alternative sanctions are applied in cases involving felony drug offenders. The results of quantitative analyses are largely consistent with current theories of sentencing in that court officials rely heavily on indicators of danger and blameworthiness in determining when to apply alternative sanctions. Qualitative analyses, however, suggest that decisions about alternative sanctions are complex, and that court officials’ beliefs about the fairness and efficacy of sentencing options influence the extent to which they will use available alternatives. Implications for criminal justice theory, public policy, and future research are discussed.     

经济制裁的政治经济目的及其评价

文章阐述了经济制裁的定义 ,着力探讨以经济和政治利益为主要目标的经济制裁政策 ,及美国对欧盟、古巴的经济制裁、国际社会对南非种族隔离政权的经济制裁、西方国家对津巴布韦的经济制裁等进行了典型剖析 ,并从效果和意义的角度对经济制裁进行了总结和评价。     

Power Politics or Public Pandering? An Empirical Investigation of Economic Sanctions and Presidential Approval

How do economic sanctions affect presidential approval? Competing claims have been made about the domestic political consequences of economic sanctions. One claim is that sanctions are unpopular because they have negative economic consequences; another claim is that sanctions are popular because they project an image of strength; and another claim is that sanctions are neither popular nor unpopular because the public is uninformed about international affairs. These arguments imply competing identification restrictions. I test these competing models using a Bayesian Structural Vector Autoregression (B-SVAR) model. The results show that sanctions have a moderate negative effect on presidential approval. I use these findings as a basis for a broader set of auxiliary analyses. Despite received wisdom, sanctions imposed for different reasons against different target states do not produce disparate effects on public opinion. These analyses resolve an important empirical dilemma that weighs on a range of theoretical perspectives in the sanctions literature and highlights fruitful avenues for future research.     

An effective sanctioning actor? Merging effectiveness and EU actorness criteria to explain evolutions in (in)effective coercion towards Iran

EU sanctions invoked in response to the Iranian nuclear crisis (2006–2016) were long considered to be of limited effectiveness in halting Iran’s nuclear ambitions. Recently, however, sanctions seem to have contributed to a breakthrough in the negotiations over Iran’s nuclear programme. This article aims at explaining this evolution. It, therefore, designs a framework that explains why sanctions (fail to) change targets’ behaviour. Since the sanctions effectiveness literature lacks an integrated framework to explain evolutions in effective coercion, this article merges sanctions effectiveness variables and Bretherton and Vogler’s actorness criteria. Applying the resulting framework to two broad episodes of the Iranian case (2006–2013 and 2013–2016), this article provides a first test of the framework’s added value. It concludes that a full understanding of sanctions effectiveness requires consideration of external, internal, and in-between factors.     

The redistributive impact of hypocrisy in international taxation

Why do tax havens, whose attractiveness for foreign investors depends upon financial secrecy, agree to automatically report account data to foreign governments? From a contractualist perspective, their cooperation should be motivated by the expectation of joint gains. Prior to such agreement, however, tax havens expected outflows of foreign capital and reductions in economic activity as likely outcomes. We show that the United States (US) imposed automatic information exchange on these countries without itself participating. The result is a strongly redistributive regime that worsens the economic situation of tax havens. By means of a difference‐in‐differences analysis, we ascertain a substantial and statistically significant negative effect of a US sanction threat on the value of assets held by foreigners in tax havens relative to non‐havens. The effect becomes stronger when the US is included in the non‐haven group. The analysis confirms the US's ability to redistribute financial wealth internationally through organized hypocrisy.     

相对集中行政处罚的主体失范及模式转换

行政执法主体资格是实施行政处罚的核心问题之一。目前,集中行政处罚全部相关权力的模式容易造成集中处罚主体的失范,其解决之道在于转换集中行政处罚权的模式———以“行政分权”及“行政处罚司法化”为目标,向政府法制部门集中行政处罚决定权。